Understanding Military Medical Malpractice Under the Federal Tort Claims Act – For the Military – Khawam Ripka LLP
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Understanding Military Medical Malpractice Under the Federal Tort Claims Act
Understanding Military Medical Malpractice Under the Federal Tort Claims Act

When military healthcare providers commit medical malpractice, the path to justice for service members, their families, and other eligible parties can be complicated. The Federal Tort Claims Act (FTCA) is a critical tool for seeking compensation for medical negligence that occurs within the military healthcare system. However, filing claims under the FTCA is unique compared to civilian malpractice claims, and navigating the process requires a clear understanding of the law.

At Khawam Ripka LLP, we specialize in helping military families pursue justice for medical malpractice under the FTCA. In this blog, we’ll break down how the FTCA applies to military medical malpractice cases, who is eligible to file a claim, and what steps are involved in the process.

What Is the Federal Tort Claims Act (FTCA)?

The Federal Tort Claims Act (FTCA) is a law that allows individuals to file claims against the U.S. government for injuries caused by the negligence of federal employees, including healthcare providers working in military medical facilities.

In the context of military medical malpractice, the FTCA applies to claims involving:

  • Active-duty military personnel who are injured by negligent medical care provided at military treatment facilities (MTFs).

  • Family members and dependents of service members who receive negligent care at military hospitals or clinics.

  • Veterans who receive care through the Department of Veterans Affairs (VA).

The FTCA waives the government’s sovereign immunity in these cases, meaning that the government can be held financially responsible for damages caused by the negligence of military medical professionals. This allows individuals to file a claim for compensation, although the process is distinct from civilian medical malpractice claims.

How Does the FTCA Apply to Military Medical Malpractice?

Under the FTCA, if a military healthcare provider’s negligence causes harm to a service member or their family, the affected party can seek compensation. However, several specific conditions and requirements must be met to bring a successful claim.

1. The Claim Must Involve a Federal Employee

The FTCA only applies to medical malpractice claims involving federal employees. In the military context, this typically means the healthcare providers who work in military hospitals and clinics (such as the Army, Navy, Air Force, and VA healthcare facilities). Medical providers who are not employed by the government, such as private contractors or civilian doctors, are not covered under the FTCA.

2. Claims Must Be Filed Against the U.S. Government

Unlike civilian medical malpractice cases, where claims are filed against individual doctors or hospitals, FTCA claims are filed against the U.S. government. This is because the government is legally responsible for the actions of federal employees, including military healthcare providers.

3. The Claim Must Be Filed in the Correct Forum

FTCA claims involving military medical malpractice must be filed with the appropriate government agency, typically the Department of Defense (DoD) or the Veterans Health Administration (VHA). The claim process is not handled by civilian courts initially, but rather by administrative agencies within the federal government.

4. Negligence Must Be Proven

In order to file a successful claim, the claimant must prove that the military healthcare provider was negligent. This is similar to civilian malpractice cases, where the plaintiff must show that the medical provider’s actions deviated from the standard of care and directly caused harm.

5. Statute of Limitations

The FTCA imposes a strict statute of limitations on filing claims. The injured party must file a claim within two years from the date of the injury or the date they discovered the injury. This is a strict deadline, and failing to meet it may bar the claim from proceeding.

Steps to Filing a Military Medical Malpractice Claim Under the FTCA

If you or a loved one has been harmed due to medical negligence at a military healthcare facility, here are the steps involved in filing a claim under the Federal Tort Claims Act:

1. Determine Eligibility to File a Claim

Before proceeding with a claim, it’s important to ensure that you are eligible. Active-duty service members, their dependents, and veterans are all eligible to file FTCA claims under certain circumstances. However, active-duty members are limited by the Feres Doctrine, which prevents them from suing for injuries related to their service. In some cases, this limitation may affect the viability of a claim, so it’s essential to consult with an experienced military malpractice attorney to understand your rights.

2. File a Standard Form 95 (SF-95)

The first step in the FTCA claims process is to file a Standard Form 95 (SF-95) with the appropriate government agency. This form must include:

  • A detailed description of the incident and the medical malpractice involved

  • The injuries sustained and how they were caused by the negligence of a military healthcare provider

  • The amount of compensation being sought

This form must be submitted within two years of discovering the injury. Failure to file within this timeframe may result in the claim being dismissed.

3. Gather and Submit Supporting Documentation

Along with the SF-95 form, you will need to provide comprehensive medical records and other documentation that support your claim. This may include:

  • Hospital records and treatment history

  • Expert medical opinions that establish how the provider deviated from the standard of care

  • Witness testimony, if applicable

  • Evidence of damages, including medical bills, lost wages, and pain and suffering

4. Claim Review Process

Once the SF-95 form and supporting documents are submitted, the government agency responsible for the claim will review the information. This process can take several months. If the claim is accepted, the government may offer a settlement. If the claim is denied, the claimant may have the option to appeal the decision or take the matter to court.

5. Settlement or Litigation

If the government agrees to settle, the claimant may receive compensation without going to court. If a settlement cannot be reached, the claimant may have the option to pursue further legal action, including filing a lawsuit in federal court.

Compensation Under the FTCA

If your claim is successful, compensation may cover:

  • Medical expenses related to the injury

  • Lost wages or diminished earning capacity

  • Pain and suffering caused by the injury or complications

  • Long-term care costs, if the injury results in a permanent disability or condition

  • Emotional distress and psychological harm

However, it is important to note that punitive damages are not available under the FTCA, meaning that you cannot seek damages for punishment or deterrence of wrongful conduct. The compensation is intended to cover actual losses and harm.

Why Choose Khawam Ripka LLP?

At Khawam Ripka LLP, we are dedicated to fighting for the rights of military families and ensuring they receive the compensation they deserve for injuries caused by military medical malpractice. Our team has extensive experience handling FTCA claims and is deeply familiar with the nuances of military healthcare law.

We provide personalized, compassionate legal representation, guiding you through each step of the claims process and advocating for your best interests. Whether you are a service member, a veteran, or a family member, we are here to support you in holding the government accountable for medical negligence.

Internal Links for Further Reading

  • How Military Medical Malpractice Differs from Civilian Medical Malpractice

  • Filing a Military Medical Malpractice Claim While on Active Duty

Contact Khawam Ripka LLP Today
 If you or a loved one has suffered due to medical malpractice at a military healthcare facility, contact Khawam Ripka LLP today for a consultation. We’ll help you understand your legal options and fight for the compensation you deserve under the Federal Tort Claims Act.

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Here at Khawam Ripka, we are passionate about helping heroes in the military get the attention and financial compensation they, and their families, deserve.

If you or someone you love has been a victim of military medical malpractice, we would be honored to represent them and their family in their claim.

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